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family law lecture notes
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completed lecture 8-10 of ulaw family law module
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FAMILY LAWLARGE GROUP 8
Student Guide
Domestic Abuse
Context
Domestic abuse is a widespread problem that is committed against both sexes. The
statistics are alarming: an estimated 2.3 million people suffered some form of
domestic abuse in the 12 months preceding March 2017 but the majority
(approximately two thirds) of those suffering high risk or severe domestic abuse are
women and more than 8 women died each month from it in the UK in the three
period from 2013-2016.
Historically domestic abuse was considered a private problem and the state did not
protect its victims in the same way it protected victims of other forms of violence.
The cost of this financially to the public purse as well as to the victims emotionally,
physically and otherwise was immense. Government policy is now to prevent
violence and to support victims and this has brought about changes in the law and
new initiatives to further this aim.
You will look at the orders available to protect victims of domestic abuse in this unit
and consider their effectiveness in combatting domestic violence and supporting
victims.
In this Large Group you will also consider the problem of forced marriage and
examine the legislation introduced to combat it in the form of the forced marriage
protection order.
Outcomes
By the end of this Large Group you should be able to:
1. Explain the orders available under the Family Law Act 1996 (FLA) to protect
victims of domestic abuse and consider their effectiveness.
2. Explain forced marriage protection orders.
, 1. The Family Law Act 1996
Statutory definition of abuse
S1 – domestic abuse act 2021- behaviour of one person towards another equals
domestic abuse if they are both over 16 and are personally connected and the
behaviour is abusive
Economic abuse – any behaviour that has substantial adverse effect on others ability
to acquire use or maintain money/property or obtain goods and services
Protection from harassment act 1977
Non molestation order – abuse
Occupation order – regulate occupation of home
For either you need to be an associated person
1.1 Associated Persons
s62 Meaning of…’associated persons’
(3) For the purposes of this Part, a person is associated with another person if
—
(a) they are or have been married to each other;
(aa) they are or have been civil partners of each other;
(b) they are cohabitants or former cohabitants;
(c) they live or have lived in the same household, otherwise than merely
by reason of one of them being the other’s employee, tenant, lodger or
boarder;
(d) they are relatives;
(e) they have agreed to marry one another (whether or not that
agreement has been terminated);
(eza) they have entered into a civil partnership agreement (as defined
by section 73 of the Civil Partnership Act 2004) (whether or not that
agreement has been terminated);
(ea) they have or have had an intimate personal relationship with each
other which is or was of significant duration;
(f) in relation to any child, they are both persons falling within
subsection (4); or
(g) they are parties to the same family proceedings (other than
proceedings under this Part).
(4) A person falls within this subsection in relation to a child if—
1. (a) he is a parent of the child; or
2. (b) he has or has had parental responsibility for the child.
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